- A. The Commission, or a hearing examiner designated by the Commission, shall hold a pre-hearing conference no later than fifteen (15) calendar days after the date the expedited complaint was filed. At the discretion of the presiding officer, the pre-hearing conference may be conducted by telephone.
- B. The presiding officer shall determine whether the issues raised in the expedited complaint can be decided based on the pleadings and submissions, or whether further proceedings are necessary.
- C. If the presiding officer determines that further proceedings are necessary, the presiding officer shall establish a schedule for receiving additional facts or evidence and may, in his or her discretion, schedule a hearing to explore the facts and issues raised in the expedited complaint and the answer. If the presiding officer determines a hearing is necessary, he or she shall schedule the hearing for no later than thirty (30) calendar days from the date the expedited complaint was filed.
- D. The presiding officer may rule on any motions and schedule any discovery necessary in the proceeding.
[17.11.20.14 NMAC – N, 1-1-01]